Saddam @ Corrent vs The State Of Jharkhand
2023 Latest Caselaw 3447 Jhar

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             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Revision No.186 of 2022

Saddam @ Corrent                            .....   ... Petitioner
                            Versus
The State of Jharkhand                .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Avishek Prasad, Advocate For the State : Mrs. Snehlika Bhagat, A.P.P.

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08/11th September, 2023

1. Learned counsel for the petitioner has submitted that the defect as

pointed out by the office has been removed by him.

I.A. No.7261 of 2023

2. The present interlocutory application has been filed on behalf of the

petitioner for condonation of delay of 386 days in preferring this

criminal revision.

3. The reasons stated in the present interlocutory are found sufficient for

condoning the delay of 386 days in preferring this criminal revision.

4. Accordingly, the delay of 386 days is, hereby, condoned.

5. I.A. No.7261 of 2023 stands allowed.

I.A. No.2108 of 2022

6. The present interlocutory application has been filed on behalf of the

petitioner for suspension of order of sentence dated 21st August, 2018

passed by the Judicial Magistrate 1st Class, Ranchi during pendency of

the present criminal revision.

7. Learned counsel for the petitioner has submitted that the learned trial

court has convicted the petitioner for the charge under Section 414

read with 34 I.P.C. and sentenced him to undergo rigorous

imprisonment for 2 years 6 months along with fine of Rs.5,000/-. The

petitioner being aggrieved with the said order of sentence dated 21 st

August, 2018 preferred a Criminal Appeal No.279 of 2018 which was

also dismissed by the learned Additional Judicial Commissioner-XVI,

Ranchi vide judgment dated 30th November, 2018 and the order passed

by the learned trial court was affirmed. It is further submitted that

there is no evidence in regard to theft of the property which is alleged

to be stolen by the petitioner.

8. The learned A.P.P. vehemently opposed the contentions made by the

learned counsel for the petitioner.

9. In view of the submissions made and taking into consideration the

sentence inflicted by the learned trial court as well as the fact that this

criminal revision is not likely to be heard in near future, the prayer

sought by way of this interlocutory application deserves to be allowed.

10. Accordingly, the I.A. No.2108 of 2022 stands allowed and the sentence

inflicted by the learned trial court is kept in abeyance during pendency

of this criminal revision.

11. In consequence, thereof, the petitioner - Saddam @ Corrent is directed

to be released on bail on furnishing bail bond of Rs.25,000/- with two

sureties of the like amount each to the satisfaction of the court

concerned.

Cr. Revision No.186 of 2022

12. Admit.

13. Call for the Lower Court Records.

14. List this criminal revision as per it's seriatim.

(Subhash Chand, J.) Rohit